STATE TIMES NEWS
JAMMU: Principal Sessions Judge Jammu Vinod Chatterji Koul on Monday denied bail to Patwari Bhushan Kumar, son of Puran Chand, resident of Nai Basti Ward No. 6, R S Pura allegedly involved Protection of Children from Sexual Offences (POCSO) Act.
As per police case, the applicant was arrested on the allegation of having committed offences punishable under Sections 354 and 452 of the Penal Code and Section 10 of the POCSO Act. The prosecutrix had lodged a written report with the police concerned on August 8, 2018 alleging therein that the accused had opened the gate of her house and on the pretext of conducting of some inquiry used force against her and outraged her modesty. She has alleged in her report to the police that she was alone at home at the time of the incident and when she resisted the criminal act of the accused, he ran away. Having received the report, the police concerned registered a case vide FIR No. 101 of 2018 against the accused under aforesaid Sections and initiated the investigation.
After hearing Senior Advocate B.S Salathia with Advocate Ashish Sharma for the applicant whereas Public Prosecutor Rakesh Badyal for the State, the court observed that accused faces such allegations and charge which would evoke social disgust and social censure of the act imputed to him. “In such cases, the exercise of discretion vested in the courts cannot be exercised in favour of the accused as a matter of course and he cannot be granted bail without their being extraordinary circumstances in his favour. The act which is alleged of having been committed by the accused is a heinous offence having provoked social condemnation and social disgust. Considering the present bail matter on the pedestal of justice and objectivity, this court does not find any merit in it. The accused cannot be granted bail at this stage of the case”, the court observed adding that the other reason which persuades this court to reject this bail petition is to prevent the accused from absconding and tampering with the prosecution evidence. With these observations, Court rejected the bail application.
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